论电子商务环境下航空旅客权益的法律保护

作为一种新型的交易模式,电子商务在我国迅速兴起,在以电子客票为主要形式的航空运输服务中得到了广泛适用,给航空业运营带来了巨大经济效益、给旅客带来了便利,但也给航空旅客权益保护带来了极大挑战。我国《民用航空法》和《合同法》在对航空电子运输凭证的认定上存在冲突,且《电子商务法》尚未颁布实施,使得航空旅客的知情权、公平交易权以及隐私权等合法权益受到侵害。因此,亟需完善电子商务环境下航空旅客权益的法律规定,健全航空旅客权益的纠纷解决机制,保护旅客合法权益,促进航空运输业电子商务的发展。

The Legal Protection of Airline Passenger Rights and Interests in Electronic Commerce Environment

As a new type of transaction mode, e-commerce has rapidly emerged in China. In the identification of the avionics certification, air transport services, which are mainly based on electronic ticketing, have also been widely applied. It brings huge economic benefits to the aviation industry and brings convenience to passengers, but it also poses great challenges to the protection of aviation passenger rights and interests. There is a conflict between the Civil Aviation Law and the Contract Law in China, And the Electronic Commerce Law has not yet been implemented. They infringe on legitimate rights and interests such as the right to know, fair trade, and privacy of air passengers. Therefore , it is imperative to improve the legal provisions for airline passengers'' rights and interests in the e-commerce environment, to improve the dispute resolution mechanism for airline passengers'' rights and interests in order to protect passengers'' legal rights and interests and to promote the development of e-commerce in aviation transporttation industry.